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Iavere v Hog Harbour & Port Olry Joint Village Land Tribunal [2016] VUSC 220; Civil Case 17 of 2012 (4 November 2016)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)


Civil Case No. 12/17 SC/CIVL


FAIMLY LENSY IAVERE & NEETH IAVERE
REPRESENTED BY LENSY IAVERE & SIMEON STANDLEY
Applicant


AND:


HOG HARBOUR & PORT OLRY JOINT VILLAGE LAND TRIBUNAL
REPRESENTED BY MALACHI VELE AS CHAIRMAN
First Respondent


AND:


NAMSER IAKO
Second Respondent


Date of HEARING:
3rd day of November, 2016 at 9:30 AM
Before:
Justice Oliver.A.Saksak
In Attendance:
Mary Grace Nari for Claimants/ Respondent
Sakiusa Kalsakau for First and Second Defendants/ Applicants No appearance by Third Defendants

DECISION

Having heard Mr Kalsakau on an application filed on 28th April 2016 seeking Orders of Corrigendum in respect of the Judgment dated 27th November 2012,
And upon hearing Mrs Nari in a brief response,

It is decided and Ordered that-

  1. The application is proper in the circumstances and is hereby allowed.
  2. The order sought is granted.
  3. There is an obvious error as a result of a slip in paragraph 17 of the judgment
  4. The costs order was intended to cover the third defendant and NOT the First and Second Defendants (Respondents).
  5. Paragraph 17 is hereby corrected in the last sentence by deleting the words, "all the respondents jointly and severally" and replacing same with the words "the Third Respondents only...."
  6. The new sentence should now read;
  7. "The applicants are entitled to their costs of and incidental to the action against the Third Respondent only on the standard basis as agreed or determined by the Court."
  8. There is no order as to costs of the application.

DATED at Port Vila this 4th day of November, 2016

BY THE COURT
OLIVER.A.SAKSAK
Judge


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